The use of another's distinctive sign: an essay on the protection of the infringing possessor

Abstract

The work deals with the presentation and the consequences of the introduction of the notion of social function into the system of protection of distinctive trademark signs, touching upon the consequences for the third-party possessor who uses another's sign without the authorisation of the owner. To that end, a delimitation of the concept of social function will first be made, together with its present-day facet and, finally, its insertion into the goods pertaining to industrial property. That done, the essay will comprise the explanation of mechanisms which, in view of the understanding of the social function in the trademark system, are capable of altering the traditional characterisation of the possessor as an infringer, such as tolerance, supressio and adverse possession of intangible property.